• Compensation paid by Hyderabad Metro Rail for land acquisition

My Land was acquired by the Hyderabad Metro Rail on 9 / 01/ 2014 and the award was passed for the same in the month of October 2013, We were not satisfied with the award issued and have also corresponded the same with the Metro rail authorities may a time and we have also appealed through form 18 on the [deleted], but the cheque was forcefully handed over to me on the 9-01-2014 which i have taken under protest and the property was taken into their possession. I would like to know if I am eligible for enhanced compensation under the new Land Acquisition act 2014.
Asked 4 years ago in Civil Law

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8 Answers

section 24(1) of new land acquistion act 2013 provides that if no award has been made the provisions of new land acquistion act shall apply relating to compensation

2) Act 30 of 2013 has come into force w.e.f. 1.1.2014.

3) section 24 (2) provides that notwithstanding anything contained in sub-section (1) in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 where an award under Section 11 has been made 5 years or more prior to the commencement of Act, 2013, but the physical possession of the land has not been taken or the compensation has not been paid, the said provisions shall be deemed to have raised and the appropriate Government, if it so chooses, shall initiate the proceedings of such Land Acquisition afresh. Therefore, in accordance with the provisions of Act, 2013, the proviso thereto states that where an award has been made and compensation in respect of land and land holdings has not been deposited in the account of the beneficiaries, then all beneficiaries specified in the notification for acquisition under Section 4 of the said Land Acquisition Act, shall be entitled for compensation in accordance with the provisions of Act, 2013.

4) you should be entitled to enhanced compensation

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Firslty, whenever there has been acquisition of any property of an individual by the government then there must be proper compensation as per the circle rate of that time.

Secondly, fisrt you need to heck whether you were paid accordingly or not.

Thirdly, in not then for sure you can go for the enhanced compensation otherwise only if your possession would not have taken by them.

Fourhtly, but, as you said they took the possession plus money wa also paid then only inappropriate compensation can only help you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If the proper award is not passed you can take same under protest which you have done the award can be appealed and further it can be prayer ed before the court that you have not received the proper compensation as per the value of the property and losses suffered. The court can appreciate your contention and the award can be enhanced.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The answer to your question would in turn depend on the answer to the following question:

Whether majority of landowners whose lands were notified along with yours (i.e., through the same notification) have received compensation?

If you answered yes then you have no case for better compensation under the new Act. In case your answer is no and a majority of such landowners haven’t received compensation, all beneficiaries (including you) are entitled to compensation under the new Act.

Please see the provisio to Section 24 of the new Act: “Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.”

Here is a DHC judgement on this score: http://lobis.nic.in/ddir/dhc/SRB/judgement/[deleted]/SRB30082017CW11032016.pdf

Also see Shree Balaji Nagar Residential Association v. State of Tamil Nadu (2015) 3 SCC 353

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

In case that Delhi High Court link won’t open please search Mahendra vs Union Of India & Ors.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

Yes you are eligible for enhanced compensation as per the latest land acquisition of land reforms or amended rules.

You can file a case seeking enhancement before the land acquisition special court.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Yes, Compensation under pretest is prevail in land acquisition act. You can challenge the same in High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes you are eligible for the same.

But you will have to explain the delay to the court and the grounds on which you are claiming enhanced compensation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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